S Memo 11-2

Requester asked for an investigation into whether the Kauai County Council violated the Sunshine Law by failing to give proper notice that it would be discussing a particular arbitration settlement in executive session.

OIP found that the Council did not give sufficient notice of the arbitration settlement it considered under item ES-323 at its meeting held January 17, 2008. OIP found that the meeting agenda gave notice that the Council would be considering an arbitration settlement, but did not identify the arbitration in question by naming the parties, describing the dispute being arbitrated, or any other means.

Because of the lack of any description or identification of what arbitration was to be discussed, the item was insufficient to provide the public with reasonable notice of what the Council intended to consider. Thus, any discussion of the proposed settlement during the executive session was not permitted under the Sunshine Law.

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